The High Court of Zimbabwe has dismissed former Tourism and Hospitality Minister Walter Mzembi’s application for discharge at the close of the State’s case, ruling that a prima facie case has been established against him.
Mzembi, who is facing charges of abuse of office, is accused of donating Government-owned public viewing screens valued at approximately US$200 000 to private churches without following proper procedures.
In his ruling, Justice Benjamin Chikowero said the evidence presented by the prosecution warrants a response from the accused.
“I consider there is evidence on record calling for a reply by the accused,” Justice Chikowero said.
“At the close of the State’s case, the record shows that the accused indeed made the donations. The churches are private entities, and the property did not belong to the accused.
“The court’s view is that the State managed to prove that the accused made the donations and should, therefore, be put to his defence.
“He donated State property, and the accused was aware there were processes to follow before such donations could be made.”
The defence case has been set down for March 3 and 4.
Prosecutors Beaven Muravanhema and Audrey Mupini led evidence from four witnesses, including investigating officer Eric Chacha. Chacha testified that while donations made to Government departments had Treasury approval, the gifts to private churches — Prophetic Healing and Deliverance Ministries (PHD Ministries), United Family International Church (UFIC), and Zion Christian Church (ZCC) — were made without concurrence from the Ministry of Finance.
Witnesses from the churches confirmed receiving and still possessing the equipment. They told the court that the donations were made unconditionally, unlike donations to Government institutions, which followed prescribed procedures.
Justice Chikowero emphasised that the donations were not initiated by the permanent secretary, the Ministry of Tourism, or any other Government department, but by Mzembi himself.
“In light of the foregoing, there is a need for the accused to explain why he acted as he did,” the judge concluded.
The ruling paves the way for the next phase of the trial, where Mzembi, represented by lawyers Emmanuel Samundombe and Killian Mandiki, will now be required to present his defence.
Source – The Herald
